SANJUKTA PADHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing of the order dated 25.04.2014 issued by the Health and Family Welfare Department, Government of Odisha (Annexure-5) and for direction to the opposite party nos.1 to 5 to fix the seniority of petitioner in the post of Associate Professors, Radiotherapy in Acharya Harihar Regional Cancer Centre, Cuttack (in short, 'AHRCC') with effect from 17.07.2012 or 16.10.2012.

(2.) The brief facts as delineated in the writ application is that the petitioner was selected through a process of selection and joined the post of lecturer in Radiotherapy in the Acharya Harihar Regional Cancer Centre, Cuttack on 23.10.2004. Thereafter, on the recommendation of the Departmental Promotion Committee, she was promoted to the post of Assistant Professor on 18.07.2007. She was further promoted to the post of Associate Professor in Radiotherapy. She challenges unilateral decision of the authority rejecting her claim and showing opposite party no.6 as senior to her in the post of Associate Professor without giving any opportunity. The petitioner made a representation on 01.11.2013 with a prayer to treat her as promotee and grant her seniority with effect from 17.07.2012. She has also prayed in the representation not to finalise the seniority list till a decision is taken in the grade of Associate Professor, but till date no decision has been taken on her representation and steps have been taken to issue the final gradation list. Due to the above illegality and arbitrariness shown to her she has filed W.P.(C) No.665 of 2014 and vide order dated 29.01.2014 this Court was pleased to dispose of the writ petition directing the opposites party no.2 to take a decision on her representation. Notwithstanding, the order of this Court, the opposite party no.2 on 25.04.2014 rejected the claim of the petitioner, which is sought to be impugned being in breach of principle of natural justice.

(3.) Opposite party no.4 has filed counter affidavit controverting averments made in the writ application. It is stated in the counter affidavit that the petitioner was appointed after due recommendation by the Selection Committee and joined as lecturer, Radiation Oncology and her appointment was confirmed with effect from 23.10.2005 against the said post. She was promoted to the post of Assistant Professor, Radiation Oncology as per the recommendation of the selection committee and she joined on 18.07.2007 against the vacant post of Assistant Professor. It is also disclosed in the counter affidavit that on 12.05.2012 an advertisement was published for filling of the post of Associate Professor, Radiation Oncology, since the petitioner was only available candidate having no requisite eligibility criteria for promotion. Opposite party no.6, Dr. Niharika Panda was selected for the post of Associate Professor, Radiation Oncology by the selection committee on 16.10.2012 and she joined the said post on 07.11.2012. The petitioner, who has completed the eligibility criteria for five years as Assistant Professor on 18.07.2012 was considered and recommended by the selection committee on 16.10.2012 for promotion to the post of Associate Professor, Radiation Oncology. It is also submitted in the counter affidavit that after obtaining the opinion from the Law Department, Government of clarified that opposite party no.6 is considered senior to the petitioner. To reconsider such decision, the petitioner made a representation before the opposite party no.2. Since no action has been taken on her representation, the petitioner moved this Court in W.P.(C) No.665 of 2014 and the same was disposed of on 29.01.2014 with a direction to consider the representation as expeditiously as possible, preferably within a period of four weeks. With the aforesaid submission, the opposite party no.4 prays for dismissal of the writ application.